Timothy A. Toomey v. Rowley, Town of - Town Clerk (SPR 20170808)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records June 29,2017 SPR171808 Susan G. Hazen Town of Rowley - Town Clerk 139 Main Street Rowley, MA 01 969 Dear Ms. Hazen: I have received the petition of Timothy Toomey appealing the response of the Town of Rowley Town Clerk's Office (Town) to a request for public records. G. L. c. 66 5 10A; see also 950 C.M.R. 32.08(1). Specifically, on May 9,2017, Mr. Toomey requested records pertaining to the "water department enterprise funds of its free cash/unexpended balance money after the close of the books for fiscal year, June 30,2015." Previous appeal This request was the subject of a previous appeal. See SPR171704 Determination of the Supervisor of Records (June 1,201 7). I closed SPR171704 with the proviso that the Town provide Mr. Toomey with a response to the request, provided in a manner consistent with the order, the Public Records Law and its Regulations. The Town responded in a letter dated June 8,2017 in which it claimed it cannot proceed forward without further clarification. Mr. Toomey appealed and SPR171808 was opened as a result. The Public Records Law The Public Records Law strongly favors disclosure by creating a presumption that all governmental records are public records. G. L. c. 66, 5 10A(d); 950 C.M.R. 32.03(4). "Public records" is broadly defined to include all documentary materials or data, regardless of physical form or characteristics, made or received by any officer or employee of any town of the Commonwealth, unless falling within a statutory exemption. G. L. c. 4, 5 7(26). It is the burden of the records custodian to demonstrate the application of an exemption in order to withhold a requested record. G. L. c. 66, 5 10(b)(iv); 950 C.M.R. 32.06(3); see also Dist. One Ashburton Place, Room 1719, Boston, Massachusetts 02108 (617) 727-2832. Fax: (617) 727-5914 sec.state.ma.us/pre pre@sec.state.ma.us

Suzan Hazen Page 2 June 29,2017 Attorney for the Norfolk Dist. v. Flatley, 419 Mass. 507, 51 1 (1995) (custodian has the burden of establishing the applicability of an exemption). To meet the specificity requirement a custodian must not only cite an exemption, but must also state why the exemption applies to the withheld or redacted portion of the responsive record. If there are any fees associated with a response a written, good faith estimate must be provided. G. L. c. 66, 5 lO(b)(viii); see also 950 C.M.R. 32.07(2). Once fees are paid, a records custodian must provide the responsive records. Conclusion Subsequent to the intervention by a member of the Public Records Division staff, I learned that a representative from the Town of Rowley intends on providing Mr. Toorney with a response to his appeal. Accordingly, I will consider this appeal closed with the proviso that the Town provide Mr. Toomey a supplemental response made in accordance with the Public Records Law, its Regulations, and this order within ten business days. A copy of any such response must be provided to this office. It is preferable to send an electronic copy of this response to this office at pre@,sec.state.ma.us.M r. Toomey may appeal the substantive nature of the Town's response within ninety days. 950 C.M.R. 32.08(1). Sincerely, V Rebecca S. Murray Supervisor of Records cc: Timothy Toomey